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2009 Supreme(Gau) 449

TINLIANTHANG VAIPHEI
Binalish M. Sangma – Appellant
Versus
State of Meghalaya – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: A.S. Siddlque, R. Kar and S. Bhattacharjee, Advs.
For Respondents/Defendant: N.D. Chullai and R. Debnath, Advs.

JUDGMENT

T. Vaiphei, J.

1. Whether the petitioner, who married the deceased pensioner after his retirement from service, is entitled to payment of the family pension under the provisions of the Meghalaya Civil Services (Pension) Rules, 1983, is the moot point in this writ petition.

2. None appears for the respondent No. 5 despite service of notice upon her through substituted service by paper publication. The controversy arose in this manner. The late Misorsing T. Sangma, was serving as Forester-I under the Department of Forest, Government of Meghalaya till 1.12.1995 when he retired from service on his superannuation. He died on 9.9.2002. It would appear that after his retirement from service, he had contracted a second marriage with the petitioner on 14.1.1996. According to the petitioner, she is the legally married wife of the deceased and is his heir according to Garo Customary Law of Inheritance. However, when she found that her husband did not nominate anyone from his family to receive his pension, etc., she applied for and obtained a Succession Certificate (Annexure-III) from the court of Additional District Magistrate, East Garo Hills, Williamnagar. On the basis of this certifi























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